Protocols for Lien Filing Deadlines Tougher in Some States

April 7, 2016

Determining the best time to file a mechanic’s lien sometimes requires a forensic review of an improvement project, from determining if there are any issues with the product or service to spotting any problems with invoices. After wading through those issues, the next step often involves deciphering statutory filing deadlines for mechanic’s liens. In some states, it’s fairly easy to determine the deadline; in others, notably California, it’s more difficult.

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Rise of P3 Projects Prompts Need for Credit Vigilance

April 7, 2016

Rise of P3 Projects Prompts Need for Credit Vigilance

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Subcontractor Appeals Court’s Dismissal of Claim

April 05, 2016

An Illinois circuit court erred when it summarily dismissed a subcontractor’s mechanic’s lien claim, according to the American Subcontractors Association (ASA), Inc.’s brief filed in the Appellate Court of Illinois, in the case of AUI Construction Group, LLC, vs. Louis J. Vaessen, et al. 

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PA Moves Toward Online State Construction Notices Directory

March 31, 2016

Pennsylvania’s State Construction Notices Directory is expected to go live Dec. 31. The website will serve as a central, statewide repository for posting construction notices of commencement, furnishing, completion and nonpayment.

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Circuit Court Decision Sets up Potential Hassle for LA Suppliers

March 21, 2016

A Louisiana Circuit Court decision stands to complicate matters significantly for material suppliers planning to file a lien on a public project.

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Costly Washington State Surety Change Legislation Quashed

February 19, 2016

As noted in the latest edition of NACM’s eNews, lawmakers in Washington state were pushing hard for legislation that would double mandated surety bonds amounts and alter the timing for which preliminary notices on commercial projects could be served. However, thanks to a concerted effort by stakeholders, including members of NACM Business Credit Services (Seattle), the effort has been stymied … at least for now.

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Illinois ‘Bonding Over’ Lien Change Reaction Far From a Consensus

February 11, 2016

(Editor’s Note) Reaction to the Illinois mechanic's lien statute changes that enable any party with a stake in the real estate tied to a project to substitute surety bonds for mechanic's liens continues to draw mixed reviews. Attorneys including Kori Banzanos, Esq., supported the changes, as noted in a Jan. 7 NACM eNews article, saying it will provide a higher assurance of being collectable.

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NCSL Unveils Lengthy Analysis of P3 Laws Nationwide

February 11, 2016

The National Conference of State Legislators (NCSL) has released a detailed report categorizing and analyzing Public-Private Partnership (P3) statutes in the 33 states that have adopted such laws as well as the District of Columbia and Puerto Rico. Last year, 47 P3-related bills were considered nationwide, down from 68 in 2014 and a record 81 in 2013.

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CA Supreme Court to Decide if Liability Can be Shifted to Unknowing Subs, Suppliers Years Down the Road

February 9, 2016

The National Conference of State Legislators (NCSL) has released a detailed report categorizing and analyzing Public-Private Partnership (P3) statutes in the 33 states that have adopted such laws as well as the District of Columbia and Puerto Rico. Last year, 47 P3-related bills were considered nationwide, down from 68 in 2014 and a record 81 in 2013.

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Suppliers, Subcontractors Affected by Newer Lien Provisions in Virginia

February 9, 2016

Attorney Jim Fullerton, Esq., partner at Fullerton & Knowles PC, said suppliers and subcontractors should be reminded of the status of "pay-when-paid" provisions as part of statutory amendments passed in the state last July. Fullerton wrote that a contract provision is now null and void if it waives or diminishes the payment bond claim or supplier lien rights "for demonstrated additional costs in a contract executed prior to providing any labor services or materials." Virginia statutes to that effect are now similar to neighboring Maryland.

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